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Full text of "Fish and Wildlife Management Report May 1, 1961"

No. 57 May, 1961. 




ONTARIO 



FISH AND WILDLIFE MANAGEMENT REPORT 



DEPARTMENT OF LANDS AND FORESTS 
FISH AND WILDLIFE BRANCH 

(These Reports are for Intra-Departmental Information and Not for Publication) 



Hon. J. W. Spooner F. A. MacDougall 

Minister Deputy Minister 









T- v.- 



TABLE OF CONTENTS 

No. 57 May, 1961 

Page 

Pelee Island Cottontail Index, July, I960. 

- by L. J. Stock &, 

D. Sinclair 1 

Rabbit and Dove Census - Lake Huron District, July, I960. 

- by R. E. Mason 6 

Big Game Browse Study and Pellet Count Survey, Ignace Area 

1959. - by D. W. Simkin 12 

Luther Marsh Harvest and Utilization, I960. 

- by A. H. Mclntyre IS 

Law Reports - Lake Trout Case in Parry Sound District. 

- by F. A. Walden 27 

Electro-Sampling of the Fish Population of the Humber 

River. - by Murray G. Johnson 3 5 

Experimental Use of Toxaphene as a Fish Poison, Swastika 

District Fish Management Project No. 8. - by N. D. Patrick 43 



(THESE REPORTS ARE FOR INTRA-DEPARTLENTAL 
INFORMATION AND NOT FOR PUBLICATION) 



- 1 - 



PELEE ISLAND COTTONTAIL INDEX JULY I960 



by 
L. Jo Stock and D„ Sinclair 



Abstract 

A roadside cottontail count in July, on Pelee Island. 
indicated a population lower by 51»,5% than in the pre- 
vious year. This count is recorded annually incident 
to the pheasant roadside count and is used as an index 
to the cottontail population Experimental roadside 
counts of cottontails in the evening (one-half hour 
before and after sunset) were double those recorded in 
early morning (one-half hour before and after sunrise) 
on the same transect. Both the experimental morning 
and evening counts were lower in rabbits per mile 
than the count made incident to the pheasant count. 
It was concluded that more data on similar rabbit 
transects would have to be collected in order to 
assess their value as an index. 



Introducti o n and P urpose 

A count of cottontails is recorded annually in July incident 
to the pheasant population survey. In I960 it was decided to compare 
the routine count with two other methods of obtaining an index, i.e. 
road counts recorded from (a) one-half hour before sunrise to one-halt' 
hour after and (b) one-half hour before sunset to one-half hour after. 

Methods 

1. The index incident to the pheasant survey. This is done by 
car and covers almost all the passable roads on the Island. The roads 
are divided into four transects and one transect is completed each 
morning beginning fifteen minutes past official sunrise- To complete 
the project each transect is run four timesmaking a total of 16 runs 
and 13^ miles, and the cumulative count is the index. 

There are two observers at all times. 

Rate of travel is 12 - 15 mph. 

Time on each transect is one to one and one-half hours. 

Transect lengths vary from 7»2 to 9»7 miles averaging ^«6 
miles per trar sect. 



- 2 - 



2. A count made from one-half hour before sunrise to one-half 
hour after sunrise, with two observers travelling at 30 mph. 

3. A count made from one-half hour before sunset to one-half 
hour after sunset, with two observers, travelling at 30 mph. 

In actual practice the condition of the roads and traffic 
render it impossible to maintains speed of 30mph. However, almost 
all the passable roads (28 miles) could be transected in exactly one 
hour. This condition modifies slightly the results of methods two 
and three o 

The morning runs (method 2) continuing until one-half hour 
after sunrise resulted in a delay of 15 - 20 minutes in the normal 
pheasant transect. Therefore, this rabbit count was made on only 
two mornings, experimentally, to avoid disrupting the pheasant survey. 

In all cases, all rabbits seen were counted, including those 
on the road and in adjacent fields and lawns. 

R esults and Discussion 

Method 1 

The index to the cottontail population using the total count 
made on the regular pheasant survey indicated a drop in the population 
of 51.5% over the previous year. Table I. 

The population decrease may not be as great as indicated 
because of the marked decrease in roadside mowing and burning which 
was so evident in 1959» Rabbits could be seen more readily during 
1959 than in I960. 

The young per adult female, 6.8 is based on only those 
rabbits which could be identified as juvenile or adult and assumes 
that adults are divided 50:: 50 male and female. Table I. 

Twenty-four percent [2L+$) of the rabbits seen could not be 
aged with certainty, Fifty-nine percent (59%) were juvenile and 17/; 
adult. Table I. 

Methods 2 & 3 

Evening counts were exactly double the morning counts when 
the four days are compared, in spite of the disturbance caused by 26 
vehicles on the road in the evening. No vehicles were seen in the 
early morning. Table III, 

Distinquishing adults from juveniles was more difficult in 
early morning and late evening than on the regular pheasant transect. 
Percentages of the rabbits recorded as age undetermined were as follows? 



- 3 - 



Entire Pheasant Survey (method 1) 
Evening rabbit transects (method 3) 
Morning rabbit transects (method 2) 
Morning plus evening transects 



Age Undetermined 
24 To 
30 % 
46.5% 
3 5.5% 



The increased difficulty in aging is attributed chiefly to 
poorer light conditions encountered in early morning and late evening 
and to the higher rate of travel. 

M ethods 1 & 2 Rabbit and Phea sant Transect Counts Compared 

On July 21, on the early morning rabbit transect, seven 
were counted on 23 miles, and on the regular pheasant transect immed- 
iately following 14 rabbits were counted on only 8.5 miles. The latter 
count was entirely on roads traversed on the earlier run. Table II. 

On July 26, the same procedure was followed and the results 
reversed. Eight rabbits counted on the early run and only two on the 
pheasant transect immediately following. Table II. 

For every 2» miles of regular pheasant transect (method 1), 
an average of 32.2 rabbits were counted. This is four to five times 
the number counted in early morning and two to three times the evening 
count. Table IV. 



It was quite obvious that light conditions 
the count on the early morning and late evening runs, 
one-half hour before sunrise and one-half hour after 
could be seen only on the road. At other times they 
in the adjacent fields and lawns. 



alone influenced 

During the 
sun s et , rabb i t s 
could be observed 



Many factors influence the roadside rabbit count, including 
time of day, light conditions, road conditions, cover conditions, rate 
of travel, other traffic, the density of the rabbit population and 
experience of the observers, but perhaps the more important is the 
activity of the animals as affected by meteorlogical conditions. No 
attempt has been made here to segregate the effect of any one factor. 

Total counts and rabbits per mile for six readings are 
summarized in Table IV., 

Weather data for the days involved- are included in Table V. 

S umma ry and Conclusions 

The cottontail count recorded incident to the annual July 
Pheasant survey indicates a population decrease of 51.5% from July 19 59 <• 

The experimental transects in early morning and late evening 
produced a lower count than the routine pheasant transects. The evening 
count in this case was double that made in early morning. 



More data on similar rabbit transects would have to be col- 
lected in order to assess their value as an index. 



- 4 - 



TABLE I 

Results of Method 1 

Total Miles - 138 



Total Count 




Per Kile 


94 


59% 


0.68 


27 


11% 


0.20 


38 


21$ 


0.28 


159 




1.15 


309 




2.24 



Juveniles 

Adults 

Age Undetermined 

Total I960 

Total 1959 

Decrease - 51.5% 

Young per adult female - Is 6.8 

Those of undetermined age are either adults or 

sub-adults. 



TABLE II 

RABBIT & PHEASANT TRANSECT COUNTS COMPARED 

Morning rabbit runs immediately followed by the pheasant 
transect run, their rabbit counts compared. 

Morning July 21/60 - ^ hour before and after sunrise. 28 miles 

Juvenile Adult Age Undetermined Total 
12 4 7 

.04 per mi. .07 per mi. .14 per mi. 0.25 per mi. 

Morning July 21/60 - Transect count immediately following. 8.5 miles 

Juvenile Adult Age Undetermined Total 
9 2 3 14 

1.0 5 per mi. .24 per mi. .3 5 per mi. 1.63 per mi, 

J uly 26/60 - g hour before and after sunrise. 28 miles 

Juvenile Adult Age Undetermined Total 
3 2 2 W~~ 

.10 per mi. .07 per rni. .10 per mi. .28 per mi, 

July 26/60 - Transect count immediately following on regular pheasant 
run. 9.7 miles 

Juvenile Adult Age Undetermined Total 
2 2 

.02 per mi. .02 per mi. 



- 5 - 

TABLE III 

MORNING RABBIT COUNT - 56 miles 30 m.p.h. 

Adult 



Juvenile 
July 21 1 
July 26 3 



Age Undetermined 
4 
1 



4 4 7 

0»07 per mi. 0,07 per mi. 0.13 per mi 
Vehicles - none. 

E VENING RABBIT COU NT - 56 miles 30 m.p.h. 



Juvenile 



Adult 



July 18 10 
July 20 _9 
19 



Age Undetermined 

1 " 2 

2 "9 
0.34 per raio 0.04 per mi. 0.16 per mi. 



Vehicles - 26 in 2 days. 



Total 

7 
8 
15 
0.27 per mi 



Total 
13 
17 



30 
0, 54 per mi 



TABLE IV 

TOTAL COUNT AND RABBITS PER KILE ON EACH TRANSECT COMPARED 



July 18 
July 20 
July 21 
July 21 

July 26 

July 26- 

July 11-27 
July 11-27 



TOTAL 


COUNT 








Morning 


Evening 




Morning 


Rabbits 


Rabbit 


Rabbit 




Pheasant 


Per 


Transect 


Transect 




Transect 


Mile 


28 miles 


28 miles 










13 






0.46 




17 






0.60 


7 






14 
(8.5 mi . ) 


0.27 
1.65 


8 






2 
(9*7 mi.) 
159 
(138 mi.) 


0.30 
0.26 

1.15 


Average n 


umber of rabb 


its seen on 


28 mi, of 


pheasant 


transect =• 


32 


.2 





TABLE V 

WEATHER 

Date 
July 18 
July 20 
July 21 
July 26 



mpo 


Wind 


Rain 






F 


oliage Soil 
dry dry 
dry dry, dusty 
wet dry 
wet dry 


Clouds 


66 
58 
72 




NW 12 



S 8 


high overcast 

few cirrus 

Nil 

high overcast 



- 6 - 

RABBIT AND DOVE CENSUS - LAKE HURON DISTRICT, JULY I960 



by 

R. E. Mason 



Abstract 

In order to supplement spring roadside cottontail counts 
and to obtain information on relative reproductive 
success, early morning road counts were made in July. 
Observations on snowshoe hares, European hares and mourn- 
ing doves were also included. Tables showing numbers of 
each species observed, weather data, population indices, 
age ratios and variation according to cloud cover, pre- 
cipitation and temperature are presented. Mean obser- 
vations per transect weres cottontail 2.32 j^ 0.44, 
European hare 0.6S ± 0.12; snowshoe hare 2.28 ± 0.52; 
mourning dove 3»31 ± 0.50. Interval estimate at the 
0,20 confidence level of the difference between cotton- 
tail means for summer 1959 counts (19 transects) and 
the summer I960 counts is 9.5% to 129% of the 1959 index. 
Similar estimate between spring and summer I960 means 
is 320 to 6l+0% o An analysis of variance on observations 
according to cloud cover and temperature was not signi- 
ficant. It is concluded that early morning counts can 
be made with about one-half the number of transects 
required by evening counts for the same degree of accur- 
acy. 



Contributing personnels 






H.W. Clark 


W.H. 


Flynn 


R.A. Guenther 


G • R . 


Harris 


C.V. Horton 


C .F o 


Liddle 


M. Marr 


F.H. 


Merner 


G.Co Matthews 


A.H. 


Vince 



R.M. Reid W.R. Wormworth 



Introduction 



The early morning road counts are used primarily for indices 
to cottontail abundance. This year, snowshoe hare, European hare, and 
mourning dove observations were also included, more or less experi- 
mentally. The July census period supplies information on relative 
reproductive success, supplementing spring roadside cottontail counts. 
The spring counts provide indices to relative breeding densities. 

Procedure 

Secondary gravel surfaced roads were driven commencing bet- 
ween 5^00 and 5?30 am. Snowshoe hare habitat was prechosen. Obser- 
vations were recorded per five mile transect to assist in statistical 



- 7 - 



analysis. Rabbits and hares were aged as juvenile or adult on a 
basis of size. The standardized recording forms also included an 
"unknown" column for animals whose age could not be accurately deter- 
mined. Certain weather factors were also recorded. These factors 
were discussed in the spring report and the 1959 summer report. 

Three to five transects were run each of three to five 
mornings during July 13-21. These dates are chosen to facilitate 
aging the animals. 

O bservations 

A total of 139 transects (695 miles) were run, 103 transects 
in cottontail range, and 47 transects in snowshoe hare range. Obser- 
vations including observations of species other than rabbits, hares, 
and doves, are presented in table one. 



Table Is 



Species Number observed 

Cottontail 239 

European Hare 95 

Snow3hoe Hare 103 

Mourning Dove 460 

Ruffed Grouse 20 

Deer 17 

Mallard # 

Skunk 4 

Raccoon 3 

kuskrat 1 



In addition to the above, 21 transects were run during 
evenings (7s00 to llsOO p.m.) on which £6 cottontails were seen. 
These results are reported separately. 

Table II; Weather Data 



Species 


Mean 
tempe 

60.2 
58.8 
60.2 


rat 


ure 


Weather 

Clear Overcast 


Fog 


Ha in 


Cottontail 
Snowshoe hare 
Mourning dove 


37 61 
41 6 
61 69 


27 

3 

27 


5 
nil 

5 



In tails II, the figures in the weather column are the 
number of transects which were run under those conditions. European 
hare data would be identical to figures expressed for mourning doves 
Vv T ind velocities were under 15-20 mph. Average velocity can not be 
calculated since some estimates were expressed as "light". 



Results 

T able Ills Populati on Indices 

Species Standard Mean Per 0.20 Confidence 

Deviation Transect limits 



Mean Per 


Transect 




.32 


0, 


,68 


2, 


,28 


3- 


.31 



Cottontail 3-49 2.32 0.44 

European Hare 1.40 0.62 0.12 

Snowshoe Hare 2.68 2.28 0.52 

Mourning Dove 4«60 3.31 0.50 

Comparison is made between the I960 cottontail index and 
the experimental data collected in 1959 on 19 transects. The differ- 
ence between the means for the two years is not significant (t= 1.073 5 
for 120 d.f.) but are approaching significance. At the 0.2 confidence 
level* the difference between means is from 0.13 to 1.77* or 9.5% 
to 129% of the 1959 index. This would indicate an increase in the 
cottontail population of from 9.5 to 129^. It is unfortunate that 
the 1959 data were not drawn from a larger sample. In future years 
with larger sample sizes available for comparison, a better estimate 
of relative abundance should be available. 

The difference between the summer mean and the mean obtained 
during the spring counts is highly significant (t= 3.5328 for 143 d.f.) 
The interval estimate of the difference between means as before is 
1,28 to 2.56, or an increase in the cottontail population of from 320$ 
to 640%. Actually this statistic is of little absolute value since 
it includes observational variability due to differential seasonal 
activity as well as increase due to reproduction. At face value, it 
would appear that the juvenile to adult ratio should be 3«2 to 6.ii2l. 
If differential seasonal activity is constant from year to year, the 
figures should produce a reliable index to relative cottontail (and 
hare) reproductive success. To check this, the age data collected 
during the census can be used, and a correlation, if present, can be 
calculated. With one year's data available, this can not yet be done. 

Since information on hares and doves has only been collected 
during this census, no statement can be made concerning relative 
abundance. 

Table IV; Observe d Age Ratios 

S pecies 

Cottontail 
European Hare 
Snowshoe Hare 



Adults 


JuVo 


Unk. 


Juvs Adults 


87 
60 
79 


143 
31 

28 


9 
4 
2 


1.64: 1 
0.52s 1 
0.35s 1 



It would appear that differential size in mid July distin- 
guishes between juvenile and adults cottontails more efficiently than 
either hare species. All ratios expressed in table IV are signifi- 
cantly different from an even ratio, with chi-square values of 13 .64, 
9.24, and 23.4 respectively. 



Weather Data 

Some possible effects of weather variation were checked 
against cottontail and dove observations. Tabulation of the results 
are given in tables V and VI. 

Table V° 



Variation According to Cloud Cover 
and Precipitation 



Species 


Clear 






Overcast 






n 


s 


X 


n 


s 


X 


Cottontail 


37 


5.19 


4.03 


61 


1.10 


1.23 


Mourning Dove 


61 


4.96 


4.07 


69 


4.31 


3.01 


Species 


Fog 






Rain 








n 


s 


X 


n 


s 


X 


Cottontail 


27 


1.3 


1.33 


5 


2.78 


2 . 80 


Mourning Dove 


27 


4.47 


2.30 


5 


7.14 


14.20 



Table Vis 



Variation According to 10 Temperature 
Ranges 



Species 
i 


46- 

n 


■55 


s 


X 


56-65 

n 


s 


X 


Cottontail 

rove 


31 
32 




1.55 

5.4' 


1.26 

4«4I 


55 

33 


1.14 
2 .62 


1.22 
1.S9 


Species 


36- 

n 


•75 


3 


X 


76-ab; 
n 


Dve 

s 


X 


Cottontail 
Dove 


12 

19 




5.6 
6.23 


7.03 
6.11 


5 
5 


3.96 

6.46 


9.60 
9.20 



An analysis of variance for each of the above tables fail 
to indicate any significant differences between means. Figures used 
in the analysis are presented in some detail in the appendices and 
permit further variance tests as data of this type accumulate 



10 



Evening Cottontail Counts 

As stated earlier, 21 transects were run during evenings on 
which 86 cottontails were observed,, This was done by some of the 
staff to determine. if evening counts would produce a more reliable 
index. The estimate of the mean from these transects is 4°10 2T2<>35 
at the 80% confidence level, with a sample standard deviation of ? ).34<> 

Based on these results, a sample of 724 transects (3>620 
miles) would be required to estimate within 10$ of the mean at the 
80%. confidence level. Early morning counts require 376 transects 
(1,680 miles) for the same degree of accuracy. This is about half 
the effort that would be required for evening counts. 

The reasons for the increased experimental variation are 
not known, but may be due to differences in rural traffic densities, 
or possibly meteorological or other factors. 

Summary 

(1) Mean observations per transect for the four species were: 
cottontail 2.32 — 0.44° European hare 0.6$ i 0,12° snowshoe hare 
2,28 ± 0.52; mourning dove 3° 31 dt 0.50. 

(2) Interval estimate at the 0.20 confidence level of the 
difference between cottontail means for summer 1959 counts (19 transects 
and the summer I960 counts is 9.5 to 129% of the 1959 index. Similar 
estimate between spring and summer I960 means is 320 to 640%. 

(3) An analysis of variance on observations according to cloud 
cover and temperature was not significant. 

(4) Early morning counts can be made with about | the number 
of transects required by evening counts for the same degree of 
accuracy. 



- 11 







APPENDIX 












Observations per transect 


















\ 


n 




)x 2 


s 




X 






Cottontail 
European hare 
Snowshoe hare 
Mourning dove 

:ning counts- 
cottontail 


239 
92 

103 
46O 

86 


103 

131 

47 

139 

21 




1242,43 
2 53.40 
323.24 

2931.70 

1386.81 


3.49 
1,40 

2.68 
4.60 

8,34 




2,32 

0,- 

2.2 

3.31 

4.10 






Observations on 


Cloud 


Cover 
















< 

1 < 


2 


n 

12 1 


< 2 
£ x 




1 


2 


1 


X 


2 


Clear 149 
Overcast 75 
Fog 36 
Rain 14 


248 37 61 960, 
208 61 69 72, 

62 27 27 44. 

71 5 5 30. 


97 
.79 
,0 
,80 


1227,74 

1574.99 

517.63 

200,80 


5.17 4. 
1.10 4« 
1.30 4< 
2.78 7, 


9o~ 

m 

46 

,14 


4.03 
1.23 

1.33 
2 . 80 


4< 
3. 
2, 

14. 


.07 
,01 
.30 
,20 




1. 


Cottontail 




2, 


I turning 


Dove 







Observations on Temperature 



46-55 
56-65 
36-75 
76f 



1 \ 2 



39 
67 
85 

4:^ 



141 
157 
116 

46 



n 
1 2 



1 






1 



31 

55 
12 

5 



32 71.94 

83 69.39 

19 344.92 

5 62 . 80 



931.72 
608,02 
697.79 
166 ,80 



1.55 5.84 

1.14 2,62 

5 .60 6.23 

3.96 6,46 



1 



2 



1.26 4.41 

1.22 1.89 

7.08 6,11 

9.60 9.20 



Analysis of 


Variance 


d c f 


Sum of squares 


mean square 


Cottontails 
at her 

Total 




1 . - 

! 126 
3 

12' 
1 


38538. 56 

777.64 
39316,20 


1 

! 

226,50 
2 59.21 


Cottontails 
.perature 
Total 




! 99 
3 
, 102 
1 


14l65o 44 

929.77 
15095.21 


143.09 

309.92 


; irning Doves 
ather 

Total 


r~ " ~ ' 

: 161 

1 3 

1 I64 
1 


110867.20 

644.31 
III5II.5I 


688.61 

214.77 


jJ.ourning Doves 
Temperature 

al 

1 


! 135 
1 3 
1 138 
1 


58052.33 

527.37 

58579.70 


430.02 
175-79 



- 12 - 

BIG GAME BROWSE STUDY AND PELLET COUNT SURVEY, 
IGNACE AREA, 1959 

by 
Do ¥„ Sirnkin 

Abstract 

A Passmore-Hepburn type range appraisal was carried 
out in a three square mile area of moose range, 15 
miles west of Ignace. From a pellet count survey 
carried out at the same time it was estimated that 
there were 6.65 moose per square mile for a nine month 
period or A. 3 moose per square mile for a 12 month 
period. A deer density of slightly less than one per 
square mile was also calculated. Browse species such 
as juneberry, aspen, willow, red maple, pin cherry 
and mountain ash although sparsely distributed in the 
area were heavily utilized and a high proportion were 
mutilated. It is felt that moose have probably reached 
the carrying capacity of the range in the study area 
and that a decline in moose numbers should be expected. 
This study indicates that what is good moose range now 
will not necessarily be so in the near future and that 
moose populations of the future depend upon changes made 
in the mature forests of today by such agents as forest 
fires and pulpwood cutting. 



I ntroduction 

In the spring of 1959 a Passmore-Hepburn type browse survey- 
was conducted in an area about 15 miles west of Ignace. From winter 
aerial surveys this area was known to have an above average moose 
population. Since much of the area about Ignace has a high moose den- 
sity and is subjected to very light moose hunting pressure it was 
deemed desirable to study a small portion of it and compare the re- 
sults with those obtained from two other areas studied in the spring 
of 195^o (Sirnkin, 195$ - Moose and Deer Browse and Pellet Survey in 
Sioux Lookout District)* 

_ . -script ion of Area 

The general topography of the area is characterized by large 
rocky outcrops which, are more precipitous than in most of the country 
in the rest of the district. In most of the highland the Pre- 
Cambrian rock is overlain with a very thin layer (usually in the 1"- 
6" class) of peat. The areas between the hills are usually typical 
alder swale. 

*S. Lsh & Wildlife Mgt. R P t„ Ho. 2,6, Hay, 1959. 



- 13 - 

The predominant species of trees in the overstory are 25 9 
-45* tall, Jackpine, white birch, trembling aspen and black spruce, 
with a crown density of 30 to 70%. Some black ash and red maple can 
also be found in the area but neither species is found in very ex- 
tensive stands. 

Lost of the area was burned over in 1922. 

The study plot was bounded on the north by Highway 17 and 
on the south by Raleigh Lake. The east and west boundaries were 
arbitrarily chosen with the only consideration being to include as 
much of the area where moose were observed during the randomly 
selected moose plot aerial survey of the previous winter as possible. 

Crotising Count and Population Estimates 

All of the moose and deer crotisings assumed to be less 
than eight months old were counted in strips six feet wide and one 
chain long. These plots were coincident to the browse plots and 
hence were located at five chain intervals. 

( a) Moose Crotising count 

Area covered - 110-1/110 acre plots or 1 acre 

Mo. of crotisings - 37 

No. of crotisings per square mile - 23,6#0 

No. of crotisings per moose per day - 14°9 

No. of moose days per square mile - 1590 

No. of moose per square mile during 8 month period 

240 T 5 
Observed moose density in winter of 1953-59 - 3. 5 mi. 

(b) Deer Crotising count 

No. of crotisings - 5 
No. per square mile - 3200 
No. of crotisings per deer per day - 12 t 7 
Oo of deer days per square mile - 2 50 
. of deer per square mil - .93 or slightly less 
than one per square mile. 

rom the above it can be seen that the area studied 
supports a high density of mo and is very marginal for white-tailed 



iepr. 

•A. \-f v_* J. O 



it is suggested again that it would be very desirable to 
keep moose in captivity and feed then different diets to determine the 
accuracy of the 14.9 crotising per day and alsc to determine more 
accurately how long moose produce pellet type of crotisings on dif- 
ferent diets. 

If the moose remained in the area and produced pellets 
year round the estimated population would then have been 4.3 per square 
mile. A figure much closer to the observed winter population. 



- 14 - 



Carrying Capacity 



For purposes of comparison, data from the other two browse 
study areas should also be included here. 

t able i s 

Availability of Preferred Browse Species in three Study Areas 

All Figures Indicate Number of Sterns per Acre 

(i) (ii) (in) 

S pecies Oak Lake Upper Goose Lake Ignace 

Balsam 600 24 396 

Aspen 340 555 9 

Hazel 4950 330 Stems 

White Birch 390 1550 153 

Juneberry 348 15 per 

Mt. Maple 2080 999 

Red Osier Acre 

Dogwood 410 

Willow 790 51 

Alder 1510 1626 

Red Maple 108 

Total 9118 4429 3687 

TABLE II ; 

Estimated Moose Densities Based on Crotising Counts 

Moose density/sq. mi. (i) 1958 (ii) 1958 (iii) 1959 

Oak Lake Upper Goose Lake Ignace 

(a) Observed 4.25 4.3 3.5 

(b) * by pellet 

count 12,0 4.05 6.65 

( e)** by pellet 

count 9.0 3.04 4.3 

* based on S months of hard pellets. 
** based on 12 months of hard pellets. 

Obviously the pellet count survey for moose still has 
many weak points. We do believe, however, that comparison of figures 
collected in a similar manner in different areas is a useful criterion 
for comparing population densities. 

"By observation, the three plots have fairly similar moose 
densities and by pellet count (ii) and (iii) are quite similar with 
number (i) being much more heavily populated. This relationship 
is also illustrated by comparing the number of stems of browse per 
acre. 



- 15 - 

Both (ii) and (iii) are similar with respect to numbers of 
species generally considered to be preferred. With an arbitrary 
figure of 100 stems to the acre representing a minimum desired den- 
sity, we find that (ii) had only three species represented, (iii) 
had five species represented and the more heavily populated (i) had 
nine species included. 

The per cent of stems mutilated is a fairly good index to 
the extent of past useage and the status of the range in relation- 
ship with the ungulate population using it. Points worth noting in 
appendix #1 are that although juneberry, aspen, willow, red maple, 
pin cherry and mountain ash are very sparsely distributed in the area, 
they are very heavily utilized to the extent that a high proportion 
are mutilated,. 

This indicates that the Ignace plot moose population is 
likely very close to maximum moose density and that any change in 
moose numbers will probably be a decrease . 

This study has given us further proof that much of our good 
moose range is at, or very close to, its maximum capacity. It is 
not known at the present time whether new habitat is being created 
as fast as old burns and cutovers are maturing. Perhaps analysis 
of data on forest ages would show that more moose range is being 
created than is being destroyed. At any rate the important thing to 
realize is that what is at present excellent moose range in much of 
the district will not continue to be so for very much longer unless 
forest management is directed towards habitat manipulations which will 
ensure that a fair portion of the forest is occupied by sub climax 
deciduous species such as those utilized by moose. 

At the present rate of harvesting the high population of 
moose, there is no need for extensive habitat improvement for moose 
range. It is worth considering however, that such will not necessarily 
always be the case, especially in the light of our increasingly effect- 
ive finest fire suppression techniques. 

S ummary 

1. A Passmore-Hepburn type range appraisal was carried out in a 
three sq. mile area of moose range west of Ignace. 

2. A pellet count survey was carried out at the same time. Based 
on a daily defication rate of 14.9 a density of 6.65 moose per 
square mile for nine month period or 4.3 moose per square mile 
for a 12 month period, was calculated. A deer density of 
slightly less than one per square mile was also calculated. 

3 . This plot was found to have fewer stems per acre of browse 
species than either of the two areas studied in 1953. 

4« Although juneberry, aspen, willow, red maple, pin cherry and 
mountain ash were very sparsely distributed they were heavily 
utilized, a large proportion being mutilated. 

5. It is felt that moose have probably reached the carrying capacity 
of the range in the area studied and that a decline in moose 
numbers should be expected. 



- 16 - 

6. This study indicates that what is good moose range now will not 
necessarily be so in the near future and that moose populations 
of the future depend upon changes made in the mature forests of 
today, by such agents as forest fires and pulpwood cutting. 

7. Eventually forest management for moose range might be a necessity 
if forest protection techniques continue to increase in efficiency 



IGNACE i 


•OOSE PLOT BROWSE 


SUMMARY 




Species 


£K 


£L 


& 


3ELB 


Freq 
Index 


Living 
Stems 
per Ac. 


Balsam 


- 


132 


21 


947 


.45 


396 


Hazel 


- 


110 


9 


825 


oil 


330 


White Birch 


4 


51 


15 


536 


d9 


153 


Alder 


- 


542 


20 


244 


o50 


1626 


Mt. Maple 


3 


333 


28 


2921 


.40 


999 


Juneberry 


- 


5 


4 


- 


.02 


15 


Raspberry 


- 


IB 


- 


- 


.07 


54 


Aspen 


- 


3 


2 


- 


.04 


9 


Rose 


- 


1 


- 


- 


.01 


3 


Willow 


2 


17 


4 


600 


.13 


51 


Honeysuckle 


- 


8 


- 


- 


.05 


24 


Red Maple 


- 


36 


11 


1020 


oil 


108 


Pin Cherry 


- 


2 


1 


- 


.02 


6 


Mountain Ash 


1 


18 


2 


2 50 


.08 


54 


Ribes 


- 


1 


- 


- 


.01 


3 


Black Ash 


- 


1 


- 


- 


.01 


3 


Lab. Tea 


- 


1 


- 


- 


,01 


3 


litre Cedar 


- 


- 


- 


- 


.01 


3 


Black Spruce 


- 


64 


- 


- 


.28 


192 


Total 


10 


13U 


117 


7373 




4032 



- 17 - 



IGNACE MOOSE PLOT BROWSE SUMMARY CONT'D 



Species 



% 



% 



% 



% of 

Grand % of 

Total Total 



Stems Stems Twigs Prod. Browse 
Mutil. Killed Browsed Stem Units 



Balsam 


15.9 


Hazel 


8.2 


White Birch 


29.4 


Alder 


3.7 


Mt. Maple 


8.4 


Juneberry 


80.0 


Raspberry- 


- 


Aspen 


66.7 


Rose 


- 


Willow 


23.5 


Honeysuckle 


- 


Red Maple 


30.6 


Pin Cherry 


50.0 


Mountain Ash 


11.1 


Ribes 


- 


Black Ash 


- 


Lab. Tea 


- 


White Cedar 


- 


Black Spruce 


- 



7.15 9.85 12.8 

7.5 8.2 11.2 

7.3 11.5 3.8 7.9 

.45 40.3 3.32 

.89 ^^ 24.8 39.6 

1.34 

10.5 35.2 1.27 8.15 

2.8 2.7 13.8 
5.3 13.8 1.34 3.4 

4.76 



- IS - 



LUTHER MARSH HARVEST AND UTILIZATION, I960 

by 
A. H. Mclntyre 



Abstract 

The open season for hunting migratory birds at Luther 
Marsh extended from October 1 to November 30, I960. 
Information on the total harvest and utilization of 
the marsh is based on morning and evening car counts 
and a complete check of all hunters at one of five 
checking stations each evening. The total number of 
hunters using the marsh was estimated at 4»$92. Hunter 
success by weeks and daily species composition of the 
hunters 9 bags are also given. 



An estimate of the total harvest and utilization of Luther 
Marsh is made to better understand the migratory bird population and 
the value of the area to wildfowl hunters. 

The I960 season for migratory birds opened October 1st, 
I960 and extended to November 30th, I960, when the marsh became frozen. 
The estimate of harvest and utilization is based on a count of cars, 
both morning and evening, with a complete check of all hunters at 
one of five checking stations each evening. The evening check being 
rotated between all of the five stations. 

The information is continuous for the period of October 1st, 
to November 30th, I960, with the exception of the week of October 31st, 
to November 5th, when sufficient staff was not avilable for the full 
week. The week of November 7th to November 12th, does not appear to 
be complete from a standpoint of harvest statistics. The morning and 
evening count of cars has been made but from the average daily kill of 
the previous and preceding week it would appear that accurate harvest 
statistics are lacking for this period. 

All projections of harvest and utilization will be minimum 
as many hunting parties only hunted a few hours and were not present 
when car counts were made. The period of October 31st to November 12th 
has harvest statistics for only three days, which further reduce harvest 
estimates. 



19 



LUTHER MARSH 
ESTIMATED NUMBER OF HUNTERS BY DAYS 



Oct. 1 


1,375 


Nov. 1 


20 


3 


180 


2 




4 


57 


3 




5 


84 


4 




6 


53 


5 


183 


7 


58 


7 


58 


8 


223 


8 


52 


10 


296 


9 


31 


11 


15 


10 


27 


12 


13 


11 


52 


13 


23 


12 


142 


14 


22 


14 


37 


15 


131 


15 


17 


17 


24 


16 


24 


18 


22 


17 


12 


19 


16 


18 


16 


20 


13 


19 


120 


21 


34 


21 


18 


22 


193 


22 


23 


24 


27 


23 


24 


25 


22 


24 


16 


26 


30 


25 


8 


27 


34 


26 


160 


28 


53 


28 


4 


29 


312 


29 


9 


31 


- 


30 


29 



Total estimated hunters 4,892. 
HUNTER SUCCESS BY WEEKS 



Oct. 


1 




0.61 




3- 8 




0.39 




10-15 




0.23 




17-22 




0-87 




24-29 




0.07 


Oct. 


31 - Nov. 


5 


not checked 


Nov. 


7-12 




0.05 * 




14-19 




0.31 




21-26 




0.24 


Nov. 


28 - Dec. 


3 


0.24 


Dec. 


5-10 
11-15 







* Statistics not complete 



- 20 - 

SPECIES COMPOSITION "OF HUNTERS 9 BAG 





Oct.l 


3 




4 




5 




6 


7 




N % 


N 


* 


N 


$ 


N 


* 


N 


/o 


H # 


Mallard 


294 32.2 


36 


42.9 






9 


69.2 








Black 


94 10.3 


9 


10.7 


4 


19.1 












B.w. Teal 


172 IS. 9 


9 


10.7 










9 


53. 


5 13.9 


G.w. Teal 


125 13 o 7 


12 


14c3 


13 


61.8 


4 


30.3 


4 


23.5 




Pintail 


22 2.4 


6 


7.1 
















Shoveler 


6 .7 




















Scaup Sp o 


35 3.8 


6 


7.1 














24 66.7 


Redhead 


9 c9 




















Canvasback 


1 .1 




















Ruddy Duck 


65 7-1 


















Wood Duck 


9 .9 


















Baldpate 


53 5.d| 3 


3.6 










4 


23.5 


7 19.4 


Gadwall 


10 l.l 


3 


3.6 


4 


19.1 












Ring-necked Duck 


11 1.2 




















Bufflehead 


2 .2 




















Merganser Sp. 


4 . 4 




















912 99.7 i84 


100 


21 


100 


13 


100 


17 


100 


36 100 



SPECIES COMPOSITION OF HUNTERS* BAG CONT'D 



October 


N 


8 , 


N 


10 % 


N # 


12 * 
N % 


n 13 ?; 


N 




lf 5 f„ 


Mallard 


32 


38.1 


26 


56.5 


1 25. 




3 30.0 


5 


15.6 


4 22 o 2 


Black 


16 


19.1 


10 


21.7 


3 75. 




3 30.0 


19 


59.4 


4 22.2 


B.w. Teal 


5 


5.9 
















4 22.2 


G.w. Teal 


16 


19.1 


5 


10.9 






1 10.0 


3 


9.4 


2 11.1 


Pintail 


5 


5.9 


















Shoveler 






















Scaup Sp. 


5 


5.9 


5 


10.9 








5 


15.6 




Redhead 












1 33.3 










Canvasback 






















Ruddy Duck 












2 66.6 










Baldpate 


5 


5.9 
















4 22.2 


Gadwall 














3 30.0 








Ring-necked Duck 






















Bufflehead 






















Merganser Sp. 
























84 


99.9 


46 


100 


4 100 


3 99.9 


10 100 


32 


100 


18 99.9 



f J 



- 21 - 



SPECIES COMPOSITION OF HUNTERS' BAG CONT'D 





Oct. 17 

N % 


' 18 


19 


20 21 


22 




N % 


N % 


N % 


N % 


N # 


Mallard 


8 15.4 


5 26.3 


6 33.3 


8 36.4 


7 77.7 


16 33.3 


Black 


40 76.9 


9 47.4 




11 50.0 


2 22.2 


16 33.3 


B.w. Teal 






6 33.3 








G.w. Teal 












16 33.3 


Pintail 


4 7.7 


5 26.3 




3 13.6 






Shoveler 














Scaup Sp. 














Redhead 














Canvasback 














Ruddy 






6 33.3 








Wood Duck 














Baldpate 














Gadwall 














Ring-necked Duck 














Bufflehead 














Merganser Sp, 
















52 100 |l9 100 


18 99.9 


22 100 


9 99.2 


48 99.9 



SPECIES COMPOSITION OF HUNTERS' BAG CONT'D 



October 



N # 



N 25 « 



26 



% 



2 7 ,, 

1\T CP 
1m 10 



28 
N f 



N 



29 






H 31 * 



Mallard 

Black 

B.w. Teal 

G.w. Teal 

Pintail 

Shoveler 

Scaup Sp. 

Redhead 

Canvasback 

Ruddy 

od Duck 
Baldpate 
Gadwall 

Ring-necked Duck 
Bufflehead 
Merganser Sp. 



10 71.4 
2 14.3 



1 7.1 
1 7.1 



9 64.3 

1 7.1 

1 7.1 



2 14o3 

1 7.1 



2 16.6 

5 41.7 

3 25.0 



2 16.6 



2 66.6 
1 33.3 



2 100.0 



5 83.3 
1 16.6 



14 99.9 14 99.9 12 99.9 



3 99.9 



2 100.0 



6 99.9 



22 



SPECIES COMPOSITION OF HUNTERS' BAG CONT'D 





Nov. 1 










5 




7 


1 




N 1o 


2 


3 


4 


N 


fo 


N 


% 


a 9 


Mallard 


5 50.0 








41 


40.1 


7 


41.2 






Black 


5 50.0 








20 


19.6 


4 


23.5 






B.w. Teal 






















G.w. Teal 










7 


6.9 










Pintail 






















Shoveler 






















Scaup Sp. 










27 


26.5 


4 


23.5 






Redhead 










7 


6.9 


2 


ii. a 






Canvasback 






















Ruddy Duck 






















Wood Duck 






















Baldpate 






















Gadwall 






















Ring-necked Duck 






















Bufflehead 






















Merganser Sp. 
























10 100.0 








102 


100.0 


17 


100.0 


! 



SPECIES COMPOSITION OF HUNTERS' BAG CONT'D 

















16 ■ 




17 


13 " 


November 


10 


11 


12 


14 


15 


N 


fo 


N 




N £ 


Mallard 












20 


69.0 


4 


22.2 




Black 












7 


24.1 


5 


27. ^ 


3 33.3 


G.w. Teal 












2 


6.9 


1 


5.6 




G.w. Teal 






















Pintail 






















Shoveler 






















Sc.°uo Sp. 
















5 


27. 3 


16 66.6 


Redhead 






















Car vasback 






















Ruddy Duck 
















1 


5.5 




Wood Duck 






















Baldpate 






















Gadwall 






















Ring-necked Duck 






















3ufflehead 
















2 


11.1 




Merganser Sp. 



































29 

_ — 


100.0 


IS 


100.0 


24 99c9 



- 23 - 

SPECIES COMPOSITION OF HUNTERS' BAG CONT'D 



Nov 



21 



22 

N %_ 



23 

N % 



24 



25 



26 

N $ 



28 



Mallard 

Black 

B.w. Teal 

G.w. Teal 

Pintail 

Shoveler 

Scaup Sp. 

Redhead 

Canvasback 

Ruddy Duck 

Wood Duck 

Baldpate 

Gadwall 

Ring-necked Duck 

Bufflehead 

Merganser Sp. 



2 100 



12 100 



10 
25 



Id. 2 

45.4 



5 9.1 



15 27.3 



100 



12 100 



55 100.0 



SPECIES COMPOSITION OF HUNTERS' BAG CONT'D 



Nov. 


29 


N 3 ° % 


Mallard 
Black 
B.w. Teal 
C.w. Teal 
Pintail 
Shoveler 
oc?.up 
3 head 
vasback 
Ruddy Duck 
Wood Duck 
Baldpate 
Gadwall 

Ring-necked Duck 
Bufflehead 
Merganser Sp. 




3 30.0 

4 40.0 

3 30.0 


- 




10 100. 



- 24 - 
ESTIMATED TOTAL DAILY KILL BY SPECIES 



































October 




1 


3 


4 


5 


6 


7 


8 


-a 


10 


11 


12 


13 


14 


15 1 


Mallard 




294 


36 




9 






32 


77 


26 


1 




3 


5 


4 39 


Black 




94 


9 


4 








16 


29 


10 


3 




3 


19 


4 39 


B.w. Teal 




172 


9 






9 


5 


5 


28 












4 4 


G.w. Teal 




125 


12 


13 


4 


4 




16 


49 


5 






1 


3 


2 11 


Pintail 




22 


6 










5 


11 














Shoveler 




6 




























Scaup Sp„ 




35 











24 


5 


35 


5 








5 


10 


Redhead 




9 




















1 






1 


Canvasback 




1 




























Ruddy Duck 




65 




















2 






2 


Wood Duck 




9 




























Baldpate 




53 


3 






4 


7 


5 


19 












4 4 


Gadwall 




10 


3 


4 










7 








3 




3 


Ring-necked Duck 


11 




























Bufflehead 




2 




























Merganser Sp. 




4 
































912 












/ 


>55 












113 




ESTIMATEf 


i TC 


iTAL 


, DAILY KILL 1 


3Y SPECIES 


; coNr 


'D 




















i ^ 
































CD 














•ffi 


October 




17 


18 


19 


20 


21 


22 


? 


24 


25 


26 


27 


28 


29 


g 31 


Mallard 




8 


5 


6 


8 


7 


16 


50 


10 


9 


2 




2 


5 


28 


Black 




40 


9 




11 


2 


16 


78 


2 




5 






1 


8 


B.w. Teal 








6 








6 




1 


3 








4 


G.w, Teal 














16 


16 




1 




2 






3 


Pintail 




4 


5 




3 






12 








1 






1 


Shoveler 
































Scaup Sp„ 




















2 










2 


Redhead 
































Canvasback 
































Ruddy Duck 








6 








6 


1 


1 










2 


wood Duck 
































Baldpate 


















1 




2 








3 


Gadwall 
































Ring-necked Duck 






























Bufflehead 
































Merganser Sp. 
















































168 














51 



- 25 - 

ESTIMATED TOTAL DAILY KILL BY SPECIES CONT'D 



November 



3 4 5 



Mallard 
Black 

B.w. Teal 
G.w. Teal 
Pintail 
Shoveler 
Scaup Sp. 
Redhead 
Canvasback 
Ruddy Duck 
Wood Duck 
Baldpate 
Gadwall 

Ring-necked Duck 
Buff lehead 
Merganser Sp. 






7 8 9 10 11 12 



14 15 16 



41 46 7 
20 25 4 

7 7 



27 27 4 
7 7 2 



7 
4 



4 
2 



20 
7 
2 



112 



17 



ESTIMATED TOTAL DAILY KILL BY SPECIES CONT'D 



November 



_ 

17 IB 19 % 21 22 23 24 25 26 jj 2g 29 30 



Mallard 

Black 

£oW„ Teal 

G.w, Teal 

Pintail 

Shoveler 

Scaup Sp. 

Redhead 

Canvasback 

Ruddy Duck 

Wood Duck 

Baldpate 

Gadwall 

Ring-necked 

Bufflehead 

I erganser Sp 



Duck 



4 




24 


5 


3 


20 


1 




3 



5 16 



1 



21 



2 12 



10 10 
25 39 

5 5 



15 15 



3 

4 



71 



69 



- 26 - 

ESTIMATED TOTAL DAILY KILL BY SPECIES CONT*D 

_, _, ;S j- 

D ecember 1 2 3 J 5 6 7 8 9 10 g 12 13 U 15 | 

Mallard 3 

Black 4 

B.w. Teal 

C.w„ Teal 

Pintail 

Shoveler 

Scaup Sp. 3 

Redhead 

Canvasback 

Ruddy Duck 

Wood Duck 

Baldpate 

Gadwall 

Ring-necked Duck 

Bufflehead 

Merganser Sp„ 

10 



TOTAL ESTIMATED KILL OF DUCKS 1,778 



- 27 - 

LAW REPORTS 
LAKE TROUT CASE IN PARRY SOUND DISTRICT 

by 
F. A. Walden 



From time to time interesting legal cases 
come up which have a positive value in broadening our 
concepts of enforcement and in framing the laws. As 
some of these are quite lengthy, it is not possible 
to give all of the evidence as well as the judgement 
The judgements, however, will usually give a good 
summing up. The first example of such cases follows. 



Abstract 

This is a judgement delivered by His Honour 
Walter Little in the District Court of Parry Sound. 
The four accused appealed against their conviction of 
possessing more than 10 lake trout each in the year 
1952, contending that 

(1) Possession was not established individually. 

(2) The regulation making a possession limit was 
invalid in that Section 34 of the Fisheries 
Act, under which it was passed gave no such 
power to the C-overnor-in-Council, and 

(3) That regulation of the possession of fish 
could not be regulated by federal statute, 
since it was a matter of personal property, 
which is subject to legislation by a Pro- 
vince, under Section 92 (13) of the British 
North America Act. 

The appeals were dismissed. 



IN THE DISTRICT COURT OF THE DISTRICT OF PARRY SOUND 



BETWE 



GEORGE LAVER, DR. JAMES THOMAS , 
L0CKW00D STUBBS and WILLIAM STUBBS , 

Appellants, 

-and- 

HER MAJESTY THE QUEEN on the information 

of Robert Battrick Respondent 



23 



Mr. H.F. Parkinson, Q.C. ) 

Mr- H.A. Willis, Q.C ) For the Appellants. 

Mr. George E. Wallace, Q.C. ) 

Mr. E.D. Wilkins, Q.C. ) -p ., ~ „ ~„a**+ 

.. » o r> u • j \ For the Respondent. 
Mr. A.G. r*urbidge ^ 



J U D G E M E N T 



This is an appeal in the form of a trial de novo by George 
Laver, Dr. James Thomas, Lockwood Stubbs and William Stubbs against 
the conviction of each of them by Magistrate F. C. Powell, Q.C. on 
the 9th day of October 1952, on the following charge - 

"For that they on the twenty-fifth day of May in the year 
of our Lord one thousand nine hundred and fifty-two at the 
Township of Proudfoot in the District of Parry Sound did 
unlawfully possess more than ten lake trout apiece, con- 
trary to Section 32, Subsection (2) of the Ontario Fishery 
Regulations" . 

The facts are that on the 2 5th day of May 1952, Robert 
Battrick, a Conservation Officer of the Wild Life Division of the 
Department of Lands and Forests, went along a logging road known 
as the "Fish Shack Road" in the said Township and, after waiting 
for several hours, stopped three cars occupied by the four accused 
and one Edward Miller. Miller and Lockwood Stubbs were in the 
third car, one of the others was driving the second car and the 
remaining two were in the first car. Battrick did not know nor 
was any evidence available to the Court as to who was the driver 
or owner of the second car. Miller and Lockwood Stubbs remained 
in the third car for a time after the cars were stopped but the 
other three all talked to the officer. One of the latter three 
said they had fish aboard and the accused Laver, after identifying 
himself as an Honorary Deputy Game Warden appointed by the said 
Wild Life Division, produced his badge and said they had fifty 
fish. William Stubbs and Thomas then each said that there were 
three more men still at their camp known as the Pine River Camp 
and part of the fish were theirs. The officer said if this were 
true and each man had his limit there would be eighty fish. He 
asked to see their fish and when the trunk of the second car v/as 
opened there were two garbage cans each containing fish, one fifty, 
the other seventy-seven and all were lake trout. Mr. Lockwood Stubbs 
and Miller joined the group and there v/as a general discussion about 
the number of fish one could legally possess and the fact that the 
angling licence for the Park (Algonquin) did not give this infor- 
mation. William Stubbs asked if the matter could be arranged so 
they would not need to appear in Court and Lockwood Stubbs also 






- 29 - 

asked if it could be settled. The latter also wished to know if one 
man could take responsibility for alio Each of the five asked what 
the fine would be and also requested the officer to ascertain from 
the Magistrate the exact amount of the fine. Killer, a resident of 
the United States of America, said he would leave sufficient funds 
with Lockwood Stubbs to take care of his shareo At no time did any 
of the five endeavour to disassociate himself from the group with 
respect to his share in the ownership or possession of the fish. 
The above is the only evidence of what occurred and it is uncon- 
tradicted. I have therefore no hesitation in accepting the evidence 
as disclosing substantially what took place» Furthermore, at the 
opening of the trial, one of the defence counsel made the follow- 
ing admissions on behalf of all the accuseds "I admit that there 
were a hundred and twenty-seven lake trout contained in two metal 
or garbage cans in the trunk of one of the cars in which George 
Laver, William Stubbs, Lockwood Stubbs, Dr. James Thomas and one 
Miller were riding on the 2 5th day of May 1952 in the Township of 
Proudf oot" o It should also be noted that the Crown laid the charge 
against all of the men except Miller who, as an American citizen, 
could not be extradited. 

The contention of defence counsel is that the accused are 
entitled to be acquitted on the following grounds" - 

(1) Possession of more than ten lake trout has not 
been established against any of the accused individually 
but only that five men had a hundred and twenty-seven 
fish in a car in which one of them was riding, 

(2) That Section 32 (2) of the Ontario Fishery Regu- 
lations was invalidly passed on the ground that Section 
34 of the Fisheries Act under which it was passed gave 
no such power to the Governor-in-Council to pass such 
regulation. 

(3) That said Section 32 (2) of the Ontario Fishery 
Regulations was invalid constitutionally as it dealt 
with possession of personal property, namely, fish, 
which could only be subject to legislation by a 
Province under exclusive powers conferred on Provinces 
by Section 92 (13) of the British Worth America Act, 
1367? relating to property and civil rights. 

I will deal with each of these arguments in that order. 

It is contended that as neither ''possession" or ,4 in his 
possession*' is defined in the Ontario Fishery Regulations, 
SOR/52-134, s.l, the Fisheries Act, 1932, or in The Interpretation 
Act, therefore, possession in this case must be given its ordin- 
ary common lav; meaning „ On this basis it is argued that it is 
necessary for the Grown to show that each individual accused per- 
son made some claim to or had the right to exercise control over 
more than ten of the lake trout. In support of this contention 
counsel quoted Rex v, Colvin and Gladue (1942) 7# C.C e C. 232° 
Rex v. Parker (1941) 77 C.C C. 9 and Rex v. Watson (1943) C.C.C. 
77. 



- 30 - 

In determining the meaning of the word possession I pre- 
fer to follow the reasoning I adopted in a previous case - Rex Vo 
Tuttle, 1951, O.W.N. P. 752, which reads as follows; - 
"In the case of Rex v. Campbell, (1938) O.U.N. 3^3 (1933) 4 D.L.R. 
773, Urquhart, J. referred to the fact that there are a number of 
definitions of "possession 1 '', and at pp. 3^4-5 he quoted the defin- 
ition in s.5(b) of The Criminal Code, R.S.C. 1927, C, 36 as fol- 
lows °o 

"' (b) having in one's possession includes not only hav- 
ing in one's own personal possession, but also knowingly 

"' (i) having in the actual possession or custody of any 
other person, and 

"' (ii) having in any place (whether belonging to or occu- 
pied by one's self or not), for the use or benefit of one's self 
or any other person." 

"Urquhart, J. further stated that in the particular case 
which he was trying, being for unlawful possession of beaver skins 
under The Game and Fisheries Act, though the above definition was 
not in itself applicable, it "expresses closely what is involved in 
the meaning of 'possession' under The Game and Fisheries Act r 



v? 



I still agree with the above and in my view that defini- 
tion also expresses closely what is involved in the meaning of 
"possession" under both the said Ontario Fishery Regulations and 
the Fisheries Act of 1932. 

There is no doubt in my mind that irrespective of who 
owned or drove the vehicle in which the hundred and twenty-seven 
lake trout were found, the said lake trout were in the car for the 
use and benefit of the four accused and Miller. They were re- 
turning from a common venture and I am satisfied despite their 
pleas of lack of knowledge of the law and the deliberate false- 
hood told by Laver that they knew the number of fish to which 
they were entitled and also the number of fish they actually had. 
I en belonging to fishing camps make it their business to know these 
things and all the actions of the accused when talking to Battrick 
indicated that they knew they had more lake trout than the law 
permitted and they were anxious to pay the penalty assessed by 
the Court. I therefore find that each of the accused did unlawfully 
possess more than ten lake trout, contrary to Section 32 (2) of the 
Ontario Fishery Regulations. 

I will now deal with the question of the validity of 
the passing of said Section 32 (2) of the said Regulations. The 
contention of the defence is that said Section 32(2) goes beyond 
the authority to make regulations conferred on the Governor-in- 
Council by Section 34 of the Fisheries Act 1932. 

Section 34 (1) (b) of the Fisheries Act 1932 reads as 
follows!- The Governor-in-Council may make regulations to regulate 
and prevent fishing . 



- 31 - 

Section 32 of the Regulations reads as follows l- 

(1) No person shall fish for," catch or kill by angling 
more than five lake trout in one day. 

(2) No person shall have more than ten lake trout in his 
possession at any time. 

The defence says that said Subsection (1) is valid be- 
cause it definitely deals with the regulation and prevention of 
fishing but that Subsection (2) should not have been passed be- 
cause it deals merely with possession of fish, which subject has 
nothing whatsoever to do with regulating and preventing fishing. 

In Halsbury ? s Laws of England, second edition, p. 464 
dealing with Interpretation of Statutes, we find the following 
statements- "Notwithstanding that every section of a Statute 
is a substantive enactment in itself, the Statute must be read 
and construed as a whole, though one section may bear a wider;; 
another a more limited meaning". 

Furthermore, in R. v Dease (1#75) Carey 1, Wood, C.J. 
said, "In the construction of a Statute every part of it must be 
viewed in connection with the whole, so as to make parts harmon- 
ize if practicable and give a sensible and intelligent effect to 






?« 



each 

Therefore, in determining the validity of Section 32 (2) 
of the Regulations and whether or not such Subsection could val- 
idly be passed, let us consider the whole of Section 32 rather than 
Subsection (2) itself. Both of the Subsections of Section 
32 were passed at the same time and should in my view be read to- 
gether. In Subsection (l) we have an absolute prohibition 
against catching more than five lake trout per day. If, however, 
everyone exercised this right everyday the object of the legis- 
lation to regulate and prevent fishing would not be achieved. 
The result could easily be that too many fish would be caught and 
many might be wasted. To prevent such a situation from ever aris- 
ing, Subsection (2) is simultaneously passed restricting the 
number of fish which one may keep and have in his possession at 
one time. Subsection (2) is therefore really conjunctive and 
complementary to Subsection (1). It would be impossible to ade- 
quately enforce Subsection (l) by itself unless a Conservation 
Officer went fishing with every fisherman. Subsection (2), however^ 
is the enactment which does regulate and prevent fishing because 
the fisherman who observes the law refrains from further fishing 
when he has his limit under Subsection (2). Furthermore, it 
matters not whether we consider the Section as a whole, as I have 
already done, or whether we merely consider Subsection (2) 
by itself. The result is the same, namely, that the number of 
fish which a person legally can possess determines how much fish- 
ing he will actually do. whenever legislative bodies make laws 
or authorize the making of regulations thereunder, it is intended 
that such laws and regulations will be enforceable. Section 32 (2) 
and other Sections like it set forth the only adequate enforceable 
method of regulating and preventing fishing outside of an absol- 
ute prohibition to fish at all. I therefore find that Section 
32(2) was validly enacted by the Governor-in-Council. 



- 32 - 

Finally, I must deal with the contention that as an 
enactment dealing with fish in one's possession deals with personal 
property, it is legislation affecting a property or civil right 
within a Province and as such may only be the subject of legisla- 
tion by a Provincial Legislature pursuant to the exclusive powers 
conferred on the Provinces to make laws dealing with property and 
civil rights under Section 92 (13) of the British North America 
Act. 

In this connection it should be first noted that under 
Section 91 (12) of the said Act, the exclusive legislative auth- 
ority of the Parliament of Canada extends to vv sea coast and inland 
fisheries 51 . In Attorney-General for British Columbia v. Attorney- 
General for Canada (1914) A.C. 1953? it is established that the 
general right of the public to fish and the regulation and control 
thereof are exclusively within the legislative power of the 
Dominion. Also in R. v Robertson (18S2) 6 S.C.R. 52, Ritchie J. 
says, "I am of the opinion that the legislation in regard to 
"Inland and Sea Fisheries" contemplated by the British North Amer- 
ica Act was not in reference to 'property and civil rights' - 
that is to say not as to the ownership of the beds of rivers, or 
of the fisheries, or the rights of individuals therein, but to 
subjects affecting the fisheries generally, tending to their regu- 
lation, protection and preservation, matters of a national and 
general concern and important to the public . . . % in other words, 
all such general laws as enure as well to the benefit of the 
owners of the fisheries as to the public at large who are inter- 
ested in the fisheries as a source of national or provincial 
wealth." 

In the case of Attorney-General for Canada v. Attorneys- 
General for Ontario, Quebec and Nova Scotia, 1$9#, A.C. 700, as 
abridged in The Canadian Abridgement, Vol. 11, P. 265-6 6, the * 
jurisdiction of the Provinces in so far as Fisheries and Property 
and Civil Rights is well set forth and the distinctions noted. 
Where the legislation deals directly with property, its disposal 
and the rights to be enjoyed in respect of it, that is intra vires 
of the Provinces and does not come within the scope of Fisheries 
in Section 91 (12) of The British North America Act. 

In Rex v. Wagner and Rex v. Touiasson, both reported in 
(1932) 3 D.L.R., P 679, the Manitoba Court of Appeal deals, 
firstly, with Section 100 (1) of The Game and Fisheries Act of 
Manitoba, which reads, "It shall be unlawful for any person . . . 
to . . . have in his possession any fish . . . caught during a 
time when fishing for such fish is prohibited by law", and, 
secondly, in Rex v. Tornasson, with Section 29 of the Fisheries 
Act, 1927 > Ch. 73? which reads, "No one . . . shall . . . have in 
his possession any fish . . . during a time when fishing for such 
fish is prohibited by law." Their decision was that the Provin- 
cial Legislation, said Section 100 (1) was ultra vires and the 
Dominion Statute, said Section 29, intra vires. Prendergast, 
Co J. says at 681, referring to the Dominion Act - "Its main ob- 
ject is the preservation of fish and the main means therein pro- 
vided for to that end and which in the nature of things would 
seem to be the most effective and necessary is the regulation of 
the manner of fishing and the establishing of a close season. 
Prohibition against possession after the close season of fish 



- 33 - 

caught during the close season, if it was there, would be ancil- 
lary to the enforcement of the close season and thus also within 
the Dominion's proper jurisdiction 1 ' . Again at P, 6#3 , the Chief 
Justice says that Lord Herschell in Attorney-General for Canada v. 
attorney-General for Ontario, Quebec and Nova Scotia supra ob- 
served that it does not follow that Provincial legislation is 
incompetent because it may have relation to fisheries, and he 
gives examples of proper legislation, provisions prescribing the 
condition of the granting of leases, the mode in which a private 
fishery is to be conveyed, the rights of succession in respect 
to it, and other matters of that class, as being in order for the 
reason that "such legislation deals directly with property, its 
disposal and the rights to be enjoyed by it" . 

One of the most recent cases dealing with the conflict of 
jurisdiction on matters of Property and Civil Rights is Industrial 
Acceptance Corporation Limited v. Her majesty the Queen, 1952, 
C.L.R. P $30. Mro Justice Cameron of the Exchequer Court held 
that Section 2 of the Opium and Narcotic Drug Act, 1929, which 
provides for the forfeiture to the Crown of any vehicle used in 
transportation of any drug, irrespective of its ownership, by an 
innocent third party on the grounds that such a provision even if 
it appears to trench on civil and property rights, is necessarily 
incidental to the powers conferred on Parliament by Section 91 (27) 
of the British North America Act and is therefore intra vires of 
Parliament o Reference is made therein to Russell v. The Queen, 
1382, 7 A.C., 829, where it was decided that the Canada Temper- 
ance Act, 1878, did not properly belong tc the class of subjects 
"property and civil rights". In it, Sir. Montague E. Smith said, 
"What Parliament is dealing with, in legislation of this kind, is 
not a matter in relation to property and its rights, but one re- 
lating to public order and safety. That is the primary matter 
dealt with and though incidentally the free use of things in 
which men may have property is interfered with, that incidental 
interference does not alter the character of the law. Upon the 
same consideration the Act in question cannot be regarded as legis- 
lation in relation to civil rights,. In however large a sense 
these words are used, it could not have been intended to prevent 
the Parliament of Canada from declaring and enacting certain uses 
of property and certain acts in relation to property to be crim- 
inal and wrongful . . . Laws oT this nature designed for the pro- 
motion of public order, safety or morals, and which subject those 
who contravene them to criminal procedure and punishment, belong 
to the subject of public wrongs rather than to that of civil 
rights" . 

I therefore find that the provisions of Section 32 (2) 
of the Ontario Fishery Regulations are necessarily incidental to 
effective legislation to properly regulate and prevent fishing, 
and its passing is within the powers conferred on Parliament by 
Section 91 '(12) of the British North America Act. 

The Appellants having failed in each of their contentions 
the Appeals are accordingly dismissed. 






- 34 - 

I must now decide what sentence to impose in this case,. 
The offence is a serious one. Our rapidly depleting fish and 
game are among the most valuable assets this country possesses, 
and laws dealing with their protection must be strictly enforced., 
The accused are experienced anglers, owning their own camp in this 
District, and must have been well aware of our fishing laws and 
the need for conservation „ Despite this, they flagrantly disre- 
garded these laws and had in their possession between two and 
three times the number of trout to which they were legally entit- 
led. One of the accused, George L-aver, an Honorary Deputy Game 
Warden of this Province, is particularly deserving of censure „ 
He not only was a party to a serious infraction of the law, but 
showed his badge to Conservation Officer Battrick and falsely told 
him the party had only fifty trout, the legal limit. I am, 
therefore, imposing a fine of $300.00 on George Laver and §200.00 
on each of the other accused, to be paid in fifteen days. In de- 
fault of payment each of the accused to serve thirty days in goal. 

PARRY SOUND, Ontario 
March 24th, 1953 

"Walter Little" 



- 35 - 

ELECTRO - SAMPLING OF THE FISH POPULATION 
OF THE HUMBER RIVER 

by 

Murray G. Johnson 



Abstract 

During July* 1959 > eleven stations on the Humber River, 
each 1000 feet in length, were surveyed by electro- 
fishing. Less than one per cent of the fish collected 
were game fish, namely brown and speckled trout. The 
hog and white suckers, common shiner and creek chub 
comprised the bulk of the population,, Only minor dif- 
ferences were noted between the three principal branches 
of the middle reaches of the Humber system,, It would 
appear that reservoir construction would have little 
effect on trout where these structures are presently 
planned. In each case, relocation of the meagre game 
fish population could occur upstream and to cooler 
tributaries such as Cold Creek. Initial coarse fish 
eradication would be desirable to give introduced game 
fish, such as the Kamloops trout and largemouth bass, 
an opportunity to populate each reservoir. Subsequent 
coarse fish removal would prove to be much more diffi- 
cult . 

Introduction 

The Metropolitan Toronto and Region Conservation Authority 
has adopted a Flood Control Plan providing for the acquisition of 
flood plain lands and the construction of fifteen water control 
reservoirs. The majority, a total of ten reservoirs, will be multi- 
purpose reservoirs. Ancillary benefits will include recreation of 
many types. Angling will be a major activity at those reservoirs 
managed for minimum fluctuation during the holiday season. 

Adequate planning and subsequent management are obviously 
necessary to provide a variety of game and pan fish for the creels 
of the thousands of fishermen in the region. It is also evident 
that coarse fish will pose a continuous problem, threatening the 
maintenance of game fish populations. Initial coarse fish control, 
supplemented periodically, will likely play a role in the fisheries 
management program of these reservoirs. 



At the present time it is important that the stream popula- 
tions be sampled. Factual data on the distribution and populations 
of game and coarse fish should be available. If criticisms arise 
and are well founded, they should be verifiable by these data. 

Electro-fishing would appear to be a means, as adequate as 
any at our disposal, to make a pre-impoundment survey at reservoir 
sites. 



- 36 - 

The Humber River was chosen for preliminary studies- In 
co-operation with the Department of Lands and Forests, eleven 
stations, each 1000 feet in length, on the middle reaches of the 
three principal branches of the Humber River were sampled. These 
stations appear in Fig. 1(b). Proposed reservoir sites are shown 
in Fig. 1(a). Table 1 describes the proposed reservoirs briefly. 
Six reservoirs are planned for the Humber system, two per branch, 
the uppermost in each case being chiefly for water storage and 
summer flow supplementation, the lower reservoir to have a iv permanent' 1 
or recreation lake level through as much of the year as hydrologic 
conditions permit. 

Method 

The fish population at each station was sampled with an 
electro-fishing unit consisting of a Bendix 110 volt D.C. portable 
generator, and a pair of paddle electrodes handled by a single 
operator. Fish stunned by the electric current were collected by 
dip net by a second worker. A third man examined and recorded the 
catch and other pertinent notes. A fourth man assisted on most 
days. A crew of three men may operate satisfactorily, but the 
addition of one more worker considerably increases speed and over- 
all efficiency. 

Wherever possible, a thirty foot seine was used to increase 
the catch. Fish could be driven into the seine when the net was 
placed across the stream over shallow riffles. 

Each station was comprised of five sections 200 feet in 
length. The 100-foot cord of the generator was used to measure and 
locate each section. At a single setting of the generator, fishing 
was completed 100 feet upstream and 100 feet downstream; subsequently 
the generator was moved two cord-lengths along the stream and a new 
section begun. 

The percentage of the total stream population collected and 
enumerated varied widely. Collecting was most efficient where riffles 
and scattered pools predominated. Where the stream was continuously 
deep, efficiency decreased. Collection was hampered, particularly in 
deeper sections, by turbid water. However, it is proposed that an 
adequate sample was captured from the majority of sections and from 
all stations. 

At each section the number of each species collected and 
approximate lengths were recorded. The section itself was described 
and water and air temperatures noted. This latter information 
appears in Table 2. 

Age and length data were collected on the two species of 
suckers captured, and are included in this report in Tables 5 and 6, 
and Fig. 2. 



- 37 - 




RESERVOIRS 

1« Bolton 

2. Nashville 

3 . King Creek 

4. Lower East Branch 
5» Ebenezer 

6. Claireville 



Fig. 1(a). Proposed Sites of Humber River" 
Reservoirs 1959. 



'•' . .. ; ■ ■• 






\ 



- 3d - 




Caledon 
'gEast 



Bolton 



\ *0 \ \ 





MAIN BRANCH 



I 
2 

3 

4, 

5 



Palgrave 

Humber Grove 
Cold Creek 
Nashville 
Elder Mills 



E AST BRANCH 

6o Laskay 

7o Nobleton 

So Kleinburg 

9. Purpleville 

10. Pine Grove 



WEST BRANCH 
11. Ebenezer 



Fig l.(b) Stations Sampled on the middle reaches 
of the Humber River, July, 1959. 



Project 

Ebenezer 

Claireville 

Bolton 

Nashville 

King Creek 

Lower East Branch 



- 39 - 
• Reservoir Data 

At Maximum Possible Water Level 



Length 
( miles 


Width 
(feet) 


Area 
(acres) 


Storage 

(acre f t „ ) 


2 o 60 


350 


270 


5,370 


3o00 


1060 


330 


4,570 


4<.50 


1300 


703 


24,770 


3.50 


1450 


630 


17,200 


3.30 


326 


333 


7,247 


2,90 


706 


243 


6,659 



Project 



Ebenezer 

Claireville 

Bolton 

Nashville 

King Creek 

Lower East Branch 



Reservoir Data Cont v d 



Recreation Lake 



Area 
(acres) 


Capacity 
(acre ft, ) 


120 
190 

50 


1,000 
1,900 

1,000 



Table 1. Description of reservoirs proposed for the Humber Rivar ( >on 
the Flood Control Plan, Metropolitan Toronto and Region 
Conservation Authority) , 



TABLE 2. Station descriptions, Humber River Survey, July, 1959. 

3 Per cent Average Per cent 
[ft) Riffles Depth (ft) Pools 





A- 


ver; 


Station 


W: 


idt] 


Lain Branch 






Palgrave 




12 


Humber Grove 




25 


Cold Creek 




14 


(tributary) 






Nashville 




32 


Elder Mills 




25 


East Branch 






Laskay 




9 


Mobleton 




14 


Kleinburg 




13 



Purpleville 
( tributary) 

Pine Grove 

W est Branch 
Ebenezer 



21 



35 



53 
31 

46 
34 

4 
IB 
17 
46 

53 

6 



o5 

.3 

.3 
.3 

.5 

c4 
»5 
.8 

.7 
.3 



100 

47 
69 

54 
66 



32 
33 
54 

42 
94 



o 

-4- 



TABLE 2 CONT'D 
Station 



Main Branch 



Average Notes on Water Air 
Depth (ft) Cover Temp (°F) Temp (°F) 



75 
33 

36 

34 
30 

33 

77 
73 



Palgrave 


3 


Alder, birch 
cedar 


62 


Humber Grove 


3 


Logs, banks, 

cedar 


72 


Cold Creek 
(tributary) 


2 


Bridge, 
little else 


62 


Nashville 


2 


Logs, banks 


75 


Elder Kills 


3 


Logs, cedars 


73 


East Branch 








Laskay 


2 


Trees, logs, 
banks 


70 


Mobleton 


2.5 


Large elms, 
logs, etc. 


70 


Kleinburg 


2 


Cedar, elm, 
logs 


77 



TABLE 2 CONT»D 



- 41 



Station 



Average 
Depth (ft) 



Notes on Water Air 

Cover Temp (°F) Temp (°F) 



Purpleville 
(tributary) 

Pine Grove 

W est Branch 
Ebenezer 



2.5 



Trees, logs 6c 



Little 'cover 76 



Little cover 77 



m 



77 



SO 



Table 2. Station descriptions, Humber River Survey, July, 1959. 



F ish Population 

A few species of minnows may have been overlooked. It is 
also quite likely that some minnows were occasionally counted as 
common shiners, the commonest species at many stations.. However, 
attention was focused mainly on the game fish and certain coarse 
fish species, notably the white and hog suckers, 

The numbers of each species captured and their frequency 
(expressed as the per cent of sections in which captures were made) 
are found in Tables 3 and l+. 

The following species were recorded. 

Family Salmonidae (trout and salmons) 

Salmo trutta 



Salvelinus fontinalis 

Family Catostomidae (suckers) 

Catostomus commersoni 
Hypentelium nigricans 

Family Centrarchidae (sunfishes) 
^mbloplitcs rupestris 

Family Ameiuridaa (catfishes) 
Loturus f lavus 

Family Percidae (perch and darters) 
Perca flavescens 
Etheo stoma nigrum 
Etheo stoma caeruleum 



Brown Trout 
Speckled Trout 

White Sucker 
Hog Sucker 

Rock Bass 

Stonecat 

Yellow Perch 
Johnny Darter 
Rainbow Darter 



Branch 



Station 



- 42 - 

Main 

Pal- Humber Cold Nash- Elder 
grave Grove Creek ville Mills 



East 

Noble- 

Laskay ton 



Brown Trout 
Speckled Trout 



6 



1 
2 



2 



1 



White Sucker 
Hog Sucker 



29 

54 



59 

28 



41 
46 



7 
43 



97 
13 



46 



Creek Chub 
River Chub 
Common Shiner 
Roseyface n 
Blunt nose Minnow 
Redbelly Dace 
Redside Dace 
Blacknose " 
Longnose " 
Stonecat 
Rock Bass 
Yellow Perch 
Johnny Darter 
Rainbow " 
Mottled Sculpin 
American Brook 
Lamprey 



6 



2 
8 



4 



10 

6 

246 



1 
1 

29 
1 



15 

25 

176 

3 



2 

41 

5 

2 

1 
2 



3^ 
2 52 



18 
24 



7 
65 



9 
6 

6 



22 



5 
1 



25 
29 



35 



Total Species 



7 



11 



12 



East Cont'd 



West Total 





Klein- 


Purple- 


Pine 


Eben- 


per 


per 


Station 


burg 


ville 


Grove 


ezer 


species 


species 


Brown Trout 


1 








11 


.5 


Speckled Trout 










2 


• 1 


White Sucker 


40 


47 


77 


2 


442 


19 = 


Hog Sucker 




9 




19 


214 


o 9 


Creek Chub 


25 


22 


7 


5 


117 


5.0 


River Chub 










69 


3.0 


Common Shiner 


51 


42 


155 


3 


1022 


43»9 


Roseyface " 










3 


.1 


Bluntnose Minnow 


3 








3 


.1 


Redbelly Dace 


7 


2 






11 


.5 


Redside Dace 










.1 




Blacknose i! 


7 


6 


66 




113 


4.9 


Longnose i; 




54 






135 


5.8 


Stonecat 








2 


14 


o C 


Rock Bass 


1 






12 


17 


.7 


Yellow Perch 










1 




Johnny Darter 


2 








34 


1.5 


Rainbow i! 


1 


1 


1 


24 


^ 


2.5 


Mottled Sculpin 










2 


.1 


American Brook 














Lamprey 


9 




12 




58 


2.5 


Total Species 


11 


8 


6 


7 


2327 


100.0 



Table 3. Numbers of fish & percentage of total catch of twenty fish 
species collected from the Humber River. 



Branch 



Station 



- 43 - 

Main 

Pal- Humber Cold Nash- Elder 
grave Grove Creek ville Mills 



East 

Laskay Noble- 
ton 



Brown Trout 


4 


1 


2 






i 




Speckled " 




1 












White Sucker 


3 


1 


5 


5 


3 


5 


5 


Hog Sucker 


4 


1 


5 


5 


5 


2 




Creek Chub 


4 


1 


3 


5 




5 


2 


River Chub 






1 


2 


4 






Common Shiner 




2 


5 


5 


5 


4 


5 


Roseyface vs 








1 








Bluntnose Minnow 
















Redbelly Dace 


2 














Redside Dace 






1 










Blacknose " 






1 


1 


3 




4 


Longnose " 


2 


2 


3 


5 




2 




Stonecat 






1 


5 


3 






Rock Bass 








2 






2 


Yellow Perch 












1 




Johnny Darter 








1 


2 




5 


Rainbow " 








1 






3 


Mottled Sculp in 


1 




1 










American Brook 




1 








1 


5 


Lamprey 

















East Cont'd 



Station 



Klein- Purple- Pine 
burg ville Grove 



West 

Eben- 
ezer 



Total 



Per cent 
Frequency 



Brown Trout 


1 








9 


16 


Speckled " 










1 


2 


White Sucker 


5 


4 


3 


1 


40 


73 


Hog Sucker 




2 




4 


29 


53 


Creek Chub 


4 


5 


2 


3 


34 


62 


River Chub 










7 


13 


Common Shiner 


5 


4 


5 


1 


41 


75 


Roseyface " 










1 


2 


Bluntnose Minnow 


1 








1 


2 


Redbelly Dace 


1 


1 






4 


7 


Redside Dace 


1 








1 


2 


Blacknose ?v 


2 


2 


4 




17 


31 


Longnose " 




4 






13 


33 


Stonecat 








2 


11 


20 


Rock Bass 


1 






5 


10 


18 


Yellow Perch 










1 


2 


Johnny Darter 


1 








9 


16 


Rainbow " 


1 


1 


1 


2 


9 


16 


Mottled Sculp in 










2 


4 


American Brook 


3 




3 




13 


24 


Lamprey 















Table 4« The frequency of capture of twenty fish species collected 

from the Humber River (a maximum of five per station and 55 
for all stations) o 



- 44 - 



Family Cottidae (sculpins) 
Cottus bairdi 

Family Cyprinidae (minnows) 

Semotilus atromaculatus 
Clinostomus elongatus 
Chrosomos eos 
Hybopsis micropogon 
Rh inichthys atratalu s 
R hinichthys cataractae 
N otropis rubellus 
Notr opis cornutus 
Pime phales notatus 

Family Petromyzontidae (lampreys) 
E ntosphenus lamottei 



Mottled Sculp in 

Creek Chub 
Redside Dace 
Redbelly Dace 
River Chub 
Blacknose Dace 
Longnose Dace 
Roseyface Shiner 
Common Shiner 
Blunt nose Minnow 

American Brook Lamprey 






Brown trout appeared in 16 per cent, brook trout in only 
2 per cent, of the 55 sections sampled- In spite of frequent stock- 
ing by the Department of Lands and Forests in the main and east 
branches, only two brook trout were captured . Eleven brown trout 
were recorded, being captured in the main branch only in the two 
uppermost stations, Palgrave, and Humber Grove, and south to the 
Kleinburg station in the East Branch . 

The white sucker and common shiner were the two most 
widely distributed and numerous species . The hog sucker and creek 

ib were each captured in more than one-half, of the stations in 
moderate numbers. Rock bass occurred less frequently and in lower 
numbers, but in all branches. The stone cat appeared in the lower 
Main Branch, Cold Creek, and the West Branch, but none were collected 
from the East Branch. 

The mottled sculpin, an indicator of suitable trout 
habitat, v/as found in the Palgrave and Cold Creek stations, where 
trout were also recovered. 

The larva of the American Brook Lamprey, a non-parasitic 
species, was' common in East Branch stations. A single specimen was 
obtained from the Main Branch. Adults of this species were observed 
in numbers spawning at the Albion Hills Conservation Area on May 11, 
l?5^o 



- 45 - 

No carp were taken, although the species is reported to 
have spread up the Main Branch to Bolton following Hurricane Hazel. 
A by-pass pond on the East Branch of the Humber produced carp on 
poisoning in 1958. Perch and srnallmouth bass were also recovered 
from the pond. 

Pike, apparently produced in Wilcox Lake, are said to 
occur in the East Branch. No pike were observed during the survey, 
and only a single perch was recovered from the East Branch. 

C onclusions 

Reservoir construction on the middle reaches of the 
Humber River would have little effect on trout since it is evident 
that game fish comprise a very small part of the fish population, 
at least during the summer months. Coarse fish and numerous 
minnows, particularly the common shiner and creek chub, made up a 
large portion of the catch. Large numbers of suckers, up to a foot 
in length, populated virtually every pool along the sections sampled 
in this survey. No carp were recovered but, as evidenced by other 
findings, there is no doubt of their presence, if only in low 
numbers. 

When the. middle reaches of the Humber River are impounded 
a sizeable brood stock of coarse fish will be available to seed 
each reservoir. Permanent control of coarse species could not be 
achieved, but even temporary control would provide an opportunity 
for game fish stocked in each reservoir to build up a substantial 
population. Kamloops trout particularly do very much better in 
the absence of coarse fish. 

Prior to flooding each, new reservoir, a section of at 
least two or three miles of stream from the dam upstream should be 
treated to eradicate coarse fish. Even a more extensive area of 
treatment would be desirable. 

a survey of this type should be made on other streams in 
the region where reservoirs are proposed. Electro-fishing is an 
3 means for collecting samples of stream fish populatior. . 

.ncknowledgemants 

The assistance lent by personnel of the Department of 
Lands and Forests, particularly J. M. Eraser, a. a. Wainio, J. 
Catcher and G. Armitage is gratefully acknowledged. A, a. Wainio 
determined ages of suckers from scales collected during the field 
work. J. Greenstreet and E. Wolfreys of the Authority staff took 
part in the field work. Dr. W. B. Scott of the Royal Ontario 
kuseura checked the identification of several species of minnows. 



- 46 - 









ACE 






Station 


1 




2 


3 


4 




Noble ton 


4°3(9) 




6.2(3) 


8.1(4) 




Nashville 


4.5(3) 




6.3(5) 




10.4(10) 


Kleinburg 






5.4(8) 


7.7(4) 




Laskay 






6.6(7) 


7.5(6) 


12.7(3) 


Cold Creek 






6.4(5) 


8.7(14) 




Purpleville 








7.9(5) 




Elder Mills 










9.9(5) 


Mean Lengths 


4.35(12) 




6.14(33) 


8,14(33) 


10.64(18) 


Table 5« Mean 


fork length 


0. 


f the common 


sucker Catosto 


JUS 


commersoni of four 


year classes 


from several 





Humber River stations. Figures in brackets are 
numbers of fish measured. 



Station 



AGE 
2 



4 



Purpleville 
Elder Mills 
Nashville 
Cold Creek 



5.4(3) 
5.0(3) 
6.3(5) 



6,6(4) 
8.3(3 

7.8(3) 



7,4(4) 
11.1(3) 
10.2(4) 



9.2(7) 



Mean Lengths 



5.70(11) 



7.47(10) 



9.43(H) 



9.2(7) 



Table 6 Mean fork length of the hog sucker Hypentelium 
nigricans of four year classes from several 
Humber River stations. Figures in brackets are 
numbers of fish measured. 



- 47 - 




AGE (YEARS) 

Fig. 2. Growth of the White Sucker Catostomus 
c onmersoni and Hog Sucker Hypentelium 
nigricans , as obtained from specimens 
taken from the middle reaches of the 
Humber River, July 1959 • 



- 4B - 



EXPERIMENTAL USE OF TOXAPHENE AS A FISH POISON, 
SWASTIKA DISTRICT, FISH MANAGEMENT PROJECT NO. 8, 



by 
N. D. Patrick 



Abstract 

On August 19th, 1959, Reed Lake, Bryce Township, in 
the Territorial District of Teraiskaming, was poisoned 
with :s Cooper-Tox" Livestock Spray and Dip, a product 
prepared by Vio Bin (Canada) Ltd. This preparation, 
containing 61$ Toxaphene, was applied at the rate of 
approximately 10 parts per billion or .00544 Imperial 
Gallons per acre foot. Reed Lake contains 154 acre 
feet of water and 144 ounces of Cooper-Tox was used. 
Dead fish were observed on August 25th, and a complete 
kill was estimated on August 27th. The entire opera- 
tion took only half a day to complete with the cost 
estimated at approximately f>20.00 including salaries. 
The lake was tested for toxicity in August, i960 and 
the results indicated the lake was still toxic. It 
is recommended that further tests for toxicity be 
carried out in 1961. 



OBJECTIVE 

To eliminate the fish population in Reed Lake, Bryce Town- 
ship, and assess the effectiveness and duration of toxicity of 
Toxaphene as prepared by Vio Bin (Canada) Ltd. 

INTRODUCTION 

Reed Lake was surveyed in September, 195$> by R. C. Johanson 
and R. G. Haines at the request of the Englehart and District Fish and 
Game Protective Association as part of the Englehart Fisheries Manage- 
ment Unit Programme. The survey crew found an extreme population of 
yellow perch ( Perca flavescens ) in the lake and recommended the lake 
be reclaimed for trout introduction. This recommendation was approved 
at the annual meeting with the Association, and plans were made to 
eradicate the fish with Toxaphene as part of the Unit summer work pro- 
gramme for 1959. 

ACKNOWLEDGMENTS 

The writer acknowledges the contribution made by various mem- 
bers of the Swastika District Fish and Wildlife Staff, and of particular 
note was the work carried out by Assistant Senior Conservation Officer 
R. C. Johanson.* 



* y 



Now Senior Conservation Officer at Gogama, Ontario. 



- 49 



M ETHOD 

( a) Poisoning 

A thorough sounding of the lake was carried out on August 
10th, 1959> by Student Assistant Paul Dean and a helper. A detailed 
contour map was prepared on graph paper at the scale of l6 r,t = 1 mile 
and the area of each 10 foot contour was calculated. 

The volume of water in acre feet was then calculated. 
(Volume lying above 10 ? contour = 10 x 10' area plus 5 x the difference 
between the surface area and the 10* area, and this figure is in acre 
feet provided areas are calculated in acres.) A dosage rate of 10 
parts per billion was decided upon based on the recommendations of the 
company (l) . 

On August 19th, 1959? R. C. Johanson and G. Casey (casual 
ranger) carried a canoe, a clean 10 lb. syrup pail, an 11 quart water 
pail and 9 sixteen oz. bottles of Cooper- Tox into the lake and proceeded 
to apply the poison. Holes were punctured in the bottom of the syrup 
pail and it was tied mid-way along the canoe, suspended out over the 
water. Cooper-Tox was mixed in the 11 quart water pail at the rate of 
about 3 oz. per pail of water, and this was poured into the syrup can 
as the canoe was paddled slowly over the lake surface. The entire 
operation took three hours and 20 mins. to complete. 

A sample of five perch was captured and placed in the water 
pail with five drops of Cooper-Tox added to the water. These fish 
survived without apparent ill effects for an hour and were then released 

The lake was visited by Senior Conservation Officer D. G. 
Waldriff and G. Casey on August 25th, and again by Johanson and Casey 
on August 27th. 

(b) Testing Toxicity 

On August 9th, I960, the writer, accompanied by Officer 
H. Tuvi of Englehart, picked up 20 yearling speckled trout at Hill's 
Lake Hatchery, and proceeded to Reed Lake transporting the fish in 
two plastic bags. 

Two wire minnow traps with the tunnels closed were anchored 
over the 30 foot contour in the lake, and ten trout were placed in 
each trap. One trap was retained at the 10 9 level, and the other was 
retained at the 20 v level. The lake was visited again on August 11th, 
13th, 15th, 17th, and September Sth. Water temperature records were 
obtained on August 9th, 13th, and 15th, but on the 15th, the thermometer 
was lost to the depths of the lake and no further temperature records 
were obtained. 

OBSERVATIONS 

( a ) Poisoning 

The method of distributing the poison worked very well, as 
a trail of milky mixture was left in the water permitting an accurate 
distribution of poison. Use of an outboard motor would have speeded 



- 50 - 



up the operation and probably given more immediate mixture of the 
poison in the water. No ill effects were observed upon fish in the 
lake immediately after the application was completed. 

On August 25th, six days after application, D. G. Waldriff 
and G. Casey inspected the north shore of the lake on foot and reported 
a large quantity of dead perch visible along the shore. On August 27th, 
Johanson and Casey inspected the entire lake by canoe and the following 
excerpt from their report covers their findings^ 

"Dead fish (perch, shiners and other small fish not identi- 
fied) were observed along the shore around the entire lake." 

"No dead fish were seen in water deeper than five feet. 
Nearly all the fish were up on shore and some were floating close to 
shore in shallow water. All fish were in a decomposed condition." 

"The largest perch observed was 3^" total length and 90% 
of the perch observed were in the 5" to 7" length range.''" 

(b) Testing for Toxicity - August, I960 

Ten live speckled trout yearlings were placed in each of 
two minnow traps suspended at the 10 f and 20 r levels in the lake on 
August 9th, I960. The fish were in good shape when placed in the lake. 

The water temperature at the surface was 70° F. and it 
dropped to 65 F. and 45° F. at 10 and 20 feet respectively (a very 
extreme thermoclineX ) The pH varied from bottom (40 ? ) at 6.4 to 7.2 
on the surface, and dissolved oxygen was recorded at 7»0 ppm. (approx- 
imately 57% saturation) at the 20 v depth. Records of the visits to 
observe these fish are as follows^ 

August 11th - Visited in evening - all fish alive. 

A ugust 13th - Visited later afternoon. Temperatures of 68° F. and 
4$ F. recorded at 10 and 20 feet respectively. Five 
fish were dead in the trap at 10 feet but all fish 
remained alive in the 20 foot trap. 

A ugust 15th - Visited in Evening. Temperature at 10 T was 59° F. and 

the thermometer failed to come up from 20 v so no further 
temperatures could be taken. Two dead fish were re- 
moved from the 10' trap and four from the 20' trap. 

August 17th - Visited in afternoon. One dead fish removed from the 
10 ? trap and three dead fish from the 20 ? trap. 

S e P"tv~.&th - Visited in afternoon. All equipment removed from lake 
after an unsuccessful attempt to recover the lost 
thermometer with a heavy magnet. A single live fish 
(much emaciated) was removed from each trap and destroyed. 



- 51 - 



On each visit to the lake, the shore water was studied care- 
fully for signs of fish, but none were observed . A large crop of small 
green frogs was observed and noted each visit. On several visits, a 
kingfisher was observed and the presence of this fish-eating bird in 
a now barren lake was suspicious and somewhat disturbing,, 

CONCLUSIONS 

As far as can be ascertained, a complete kill of fish was 
obtained by using Cooper- Tox at a concentration of .00544 Imperial 
gallons per acre foot of water. The procedure is simple and very 
inexpensive. The entire operation took only a half a day to complete 
and could not have cost more than ^20.00 including salaries of the 
men involved* 



The lake remained toxic for a full year at least following 
the application of poison, based on the manufacturers instructions 
(if 80% of test fish survive two weeks then lake is o.k.) 

Further testing of the lake for toxicity should be carried 
out in 1961, and it would be well worthwhile to consider testing the 
newest Toxaphene product from Vio Bin, namely Cooper-Tox #6. 

REFERENCES 

(1) Anonymous. 1953. The Use of Cooper-Tox for Fish Eradication - 

Advance Report - July 195<3« Available from 
Vio Bin (Canada) Ltd., St. Thomas, Ontario. 

(2) Cooper, W. and Nephews, Inc. 1959« 

The Use of Cooper-Tox for Fish Eradication - 
Jan. 1959. Available from Vio Bin (Canada) 
Ltd., St. Thomas, Ontario. 

(3) Hooper, F. F. and Alfred R. Crzenda. 1955. 

The Use of Toxaphene as a Fish Poison. 
Trans. Am, Fis. Soc. 35° 120-190. 



52 



ERRATA 

In the Fish and Wildlife Management Report No « 56, 
for Larch, 1961 the following changes should be mades 

Pages 24-26 — The section on plant diseases and insects is 
by L. J„ Stock, 

Page 27 — Dr J. K„ McGregor is author of the material 
on this page. 

Page 43 — Table I, "5 moose/sq,, mi. ,v should read sv 0„5 
moose/sq. mile." 



DEPT. LANDS AND 
RECEIVED